What is an Opposition To A Motion To Compel Arbitration?
An opposition to a motion to compel arbitration requests that the court retain the court proceeding and decline to order the parties to resolve their dispute in an arbitration proceeding. A party may oppose a motion to compel arbitration on the basis of an allegedly unconscionable arbitration agreement. An opposition to a motion to compel arbitration may argue that enforcing the arbitration clause would impede the opposing party’s constitutional right to a trial by jury. Most plaintiffs believe that they are less likely to receive a large damages award, including a punitive damage award, in arbitration. Opposition papers are usually supported by a statement of facts, a legal brief or memorandum with citations to legal authority, and if necessary, exhibits, declarations, and affidavits.